WAZIR SINGH Vs. DEPUTY COMMISSIONER, SANGRUR

JUDGEMENT

(1.) WE have heard the learned counsel for the parties at length and perused the record of the case.

(2.) THE petitioner and respondent No. 4 had been granted lease of the premises belonging to the Municipal Council which expired on 31.3.1992. Thereafter, the tenants continued in possession of the premises without the payment of rent. It was pleaded by the petitioner that the premises had initially been let out to respondent No. 4 who had sublet the same to him. The petitioner made an offer before the Collector that he is prepared to pay the lease money for 10 years but in instalments. He claimed to be a riot effected and poor person. Taking this into consideration, the Collector permitted the petitioner to pay the lease money in instalments. It was, however, directed that if the petitioner commits any default, he shall be liable to ejectment forthwith. The petitioner, thereafter, defaulted in making the payment of the lease amount. An application was moved by the Municipal Council for possession in view of the orders passed by the Collector on 12.6.1996. An application was filed by the Municipal Council, Malerkotla, on 7.1.1997, for recovery of rent from 1.8.1992 to 31.12.1996. Even this application of the Municipal Council was dismissed vide order dated 24.2.1999, as the Municipal Council had failed to calculate the amount to be paid by way of instalments. Thereafter, the details of the amount due and the instalments were supplied to the petitioner, but still no amount was paid. The Municipal Council, thereafter, made another application for execution of the order dated 12.6.1999. This application was also dismissed by the Collector, Malerkotla, on 26.7.1999 with the observations that the Municipal Council is at liberty to file an application before the competent court. Thus, the Municipal Council filed the appeal under Section 9 of the Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973, and sought the eviction of the petitioner from the premises. The appeal filed by the Municipal Council against the order dated 26.7.1999, has been accepted and the petitioner herein, has been directed to deposit the lease amount upto 20.11.2001 and the interest at the rate of 12% annually along with sublet fee for the years 1996-97. It has been further directed that if the petitioner does not pay the aforesaid amount within the prescribed time, he be ejected from the premises in dispute.

(3.) WE have considered the submissions made by the learned counsel for the parties.